Texas Estates Code 361.105 – Appointment of Formerly Sick or Absent Executor
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(a) This section applies only to a person named as executor in a will who was sick or absent from the state when the testator died or the will was proved and, as a result, could not:
(1) present the will for probate before the 31st day after the date of the testator’s death; or
(2) accept and qualify as executor before the 21st day after the date the will is probated.
(b) A person to whom this section applies may accept and qualify as executor before the 61st day after the date the person returns to the state or recovers from illness if proof is presented to the court that the person was ill or absent.
Terms Used In Texas Estates Code 361.105
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Executor: A male person named in a will to carry out the decedent
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
(c) If a person accepts and qualifies as executor under Subsection (b) and letters testamentary or of administration have been issued to another person, the court shall revoke the other person’s letters.